Section 14(1)
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Grameen Bank Ordinance, 1983 (Amended on 31st July, 1990)
Section 14(1) read with
Constitution of Bangladesh, 1872
Article 102
Prof. Muhammad Yunus challenged these two orders in Writ Petition No.1980
of 2011 in the High Court Division claiming that he was appointed as
Managing Director as per resolution of the Board in accordance with section
14(1) of the Ordinance, that the Grameen Bank Ordinance having not
conferred any power upon the Bangladesh Bank to dictate or determine the
terms and conditions under which the Managing Director would serve Grameen
Bank, the impugned orders are unlawful. 9(nine) Directors of Grameen Bank,
the petitioners in Civil Petition No.641 of 2011, moved another petition
being Writ Petition No.1891 of 2011 in the High Court Division challenging
the aforesaid two letters raising self-same grounds.
That the writ petition filed by 9(nine) Directors is not maintainable on
two grounds firstly, they are not 'aggrieved persons' within the meaning of
Article 102 of the Constitution and secondly, since the aggrieved person
Prof. Muhammad Yunus having challenged the impugned orders himself, they
have no locus-standi to challenge the same orders by a separate petition
for, if such process is allowed multiplicity of proceedings would crop up
and there would be likelihood of conflicting decisions over the same
subject matter, in which event, instead of doing justice, the ends of
justice would be defeated. The High Court Division declared the Regulations
of 2001 being inconsistent with section 14 of the Ordinance invalid. True,
a Subordinate law can not supersede the parent law but since no rule was
issued in these matters, the High Court Division is not justified in
declaring Regulations of 2001 invalid. These petitions merit no
consideration which are dismissed with the above observations. ...Professor
Muhammad Yunus =VS= Ministry of Finance, BD, (Civil), 2020 [9 LM (AD) 549]
....View Full Judgment
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Professor Muhammad Yunus =VS= Ministry of Finance, Bangladesh |
9 LM (AD) 549 |
Section 14(1)
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Retirement age of 60 years– Retirement age of 60 years, Prof. Muhammad
Yunus had been continuing as Managing Director of the Bank as per decision
of the Board without approval of the Bangladesh Bank in accordance with
section 14(1) of the Ordinance, that his continuation in such office was
not legal. ...Professor Muhammad Yunus =VS= Ministry of Finance, BD,
(Civil), 2020 [9 LM (AD) 549]
....View Full Judgment
|
Professor Muhammad Yunus =VS= Ministry of Finance, Bangladesh |
9 LM (AD) 549 |